EEOC Appeal 2020001876

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
Janet B, 1
Complainant,
v.
Megan J. Brennan,
Postmaster General,
United States Postal Service
(Eastern Area),
Agency.
Appeal No. 2020001876
Agency No. 4C-170-0113-19
DECISION
Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC
or Commission) from the Agency's decision (Dismissal) dated November 18, 2019, dismissing her
complaint of unlawful employment discrimination in violation of Title VII of the Civil Rights Act
of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a City Carrier Assistant,
Q-01, at the Agency’s Post Office facility in Wellsboro, Pennsylvania.
On October 23, 2019, Complainant filed a formal complaint alleging that the Agency subjected
her to discrimination on the basis of sex (female) when:
1. 	On November 14, 2018, the postmaster tried to discourage Complainant from filing
an Office of Worker's Compensation (OWCP) complaint and gave her the incorrect
paperwork which resulted in Complainant not being reimbursed by OWCP for
seven months;
2. 	On unspecified dates Complainant was harassed by a co-worker and management
did nothing;
1 This case has been randomly assigned a pseudonym which will replace Complainant’s name
when the decision is published to non-parties and the Commission’s website.

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3. 	On July 17, 2019, and August 29, 2019, the Postmaster made inappropriate
comments to Complainant concerning her body;
4. 	On July 28, 2019, Complainant was injured while in a Postal vehicle, but the
Postmaster listed Complainant as "not injured" on her OWCP report;
5. 	On October 19, 2019, and other dates not specified, the Postmaster invaded
Complainant’s personal space, stared at her, and tried to touch her; and
6. 	On dates not specified, Complainant did not receive proper training for the duties
she performs.
The Agency dismissed the claims for untimely filing of the Formal Complaint. The Agency further
found that claims 1 and 4 constituted collateral attacks on the workers’ compensation adjudicatory
system and hence failed to state a claim.
The instant appeal followed.
ANALYSIS AND FINDINGS
Pursuant to 29 C.F.R. § 1614.107(a)(2) the Agency shall dismiss a complaint that fails to comply
with the applicable time limits contained in § 106. That section states that a complaint must be
filed within 15 days of receipt of the notice of right to file (Notice).
In its Dismissal, the Agency found that Complainant received the Notice on October 7, 2019, but
did not submit her Formal Complaint until one day after the 15-day filing period. The Agency
found:
A close review of the file reveals that you were sent a final interview letter dated
October 2, 2019, which was sent via Signature Confirmation Number 2308 2940
0000 2179 8883. A review of the USPS Track and Confirm Record indicates
Signature Confirmation No. 2308 2940 0000 2179 8883 was delivered to your
address of record on October 7, 2019. Your receipt of the package triggered the 15-
day filing period. . . . Therefore, the timeframe for you to file the formal complaint
would have been from the first calendar day counted (October 8, 2019) through the
last calendar day counted or fifteenth calendar day, October 22, 2019, which was a
Tuesday and not a federal holiday or weekend day.
Evidence of record supports the Agency’s contention that the notice of right to file a formal
complaint was delivered to and signed for by Complainant at her address of record. The record
further shows that Complainant returned the Formal Complaint on October 23, 2019, which is
beyond the regulatory time-frame.
On appeal, Complainant argues that she requested an extension from the Agency prior to the
expiration of the 15-day period but received no response.

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Complainant further argues that she was unable to file her formal complaint on time because the
Agency scheduled her to work six-days a week for a total of 97.6 hours, that she has no internet or
printer or copier at home or any of the “tools necessary to file an organized, cogent complaint,”
and that when she received the Notice she did not realize what the certified mail package contained.
However, we conclude that Complainant has not offered adequate justification to warrant an
extension of the time limit for filing the complaint.
We therefore AFFIRM the Dismissal.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0617)
The Commission may, in its discretion, reconsider the decision in this case if the Complainant or
the Agency submits a written request containing arguments or evidence which tend to establish
that:
1. 	The appellate decision involved a clearly erroneous interpretation of material
fact or law; or
2. 	The appellate decision will have a substantial impact on the policies, practices,
or operations of the Agency.
Requests to reconsider, with supporting statement or brief, must be filed with the Office of Federal
Operations (OFO) within thirty (30) calendar days of receipt of this decision. A party shall have
twenty (20) calendar days of receipt of another party’s timely request for reconsideration in which
to submit a brief or statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment
Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015). All requests and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission. 	Complainant’s request may be
submitted via regular mail to P.O. Box 77960, Washington, DC 20013, or by certified mail to 131
M Street, NE, Washington, DC 20507. 	In the absence of a legible postmark, the request to
reconsider shall be deemed timely filed if it is received by mail within five days of the expiration
of the applicable filing period. See 29 C.F.R. § 1614.604. The agency’s request must be submitted
in digital format via the EEOC’s Federal Sector EEO Portal (FedSEP). 	See 29 C.F.R. §
1614.403(g). The request or opposition must also include proof of service on the other party.
Failure to file within the time period will result in dismissal of your request for
reconsideration as untimely, unless extenuating circumstances prevented the timely filing of the
request. Any supporting documentation must be submitted with your request for reconsideration.
The Commission will consider requests for reconsideration filed after the deadline only in very
limited circumstances. See 29 C.F.R. § 1614.604(c).

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COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0610)
You have the right to file a civil action in an appropriate United States District Court within ninety
(90) calendar days from the date that you receive this decision. If you file a civil action, you must
name as the defendant in the complaint the person who is the official Agency head or department
head, identifying that person by his or her full name and official title. Failure to do so may result
in the dismissal of your case in court. “Agency” or “department” means the national organization,
and not the local office, facility or department in which you work. If you file a request to reconsider
and also file a civil action, filing a civil action will terminate the administrative processing of your
complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so, you may request
permission from the court to proceed with the civil action without paying these fees or costs.
Similarly, if you cannot afford an attorney to represent you in the civil action, you may request the
court to appoint an attorney for you. You must submit the requests for waiver of court costs or
appointment of an attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the time limits for
filing a civil action (please read the paragraph titled Complainant’s Right to File a Civil Action for
the specific time limits).
FOR THE COMMISSION:
______________________________ 	Carlton M. Hadden’s signature
Carlton M. Hadden, Director
Office of Federal Operations
August 27, 2020
Date